When it comes to these juvenile cases, one of my primary goals as a criminal defense attorney who practices in the juvenile area is to try to protect my client's record. Having a criminal record moving forward with your life — especially at such a young age as a juvenile — makes it very difficult to get a job, get an education, and advance yourself in your life.
So, what we try to do is set things up so that either right from the beginning, we can keep the record clean or set it up so in the future, if the juvenile can show good progress and that they're on the right path, we can get the record sealed and destroyed, which basically means that nobody can get the record.
Once a record is sealed and destroyed, it's as if it never existed. This includes law enforcement and prosecutors. If done properly, the Department of Justice's computer will not show it, ensuring your record remains clean moving forward. This process brings a sense of relief and security to you and your family.
Six Months Deferred Entry of Judgment
One potential resolutions when it comes to these juvenile cases is called a Welfare and Institutions Code Section 725 Resolution. This has to do with a misdemeanor case, and in that misdemeanor case the person actually has to admit the Petition; however, they're not sentenced.
The case is put over for six months. They're ordered to do certain things — whether it be keep good grades, community service and a host of other potential things depending on what crime they actually committed. At the end of the six months, if they've done everything they're supposed to do and they're in a position to claim that they've done well in school and they're on the right path, the judge will do two important things. One, dismiss the case; and two, seal and destroy the record.
Deferred Entry of Judgment Probation
So, this 725 of the Welfare and Institution Code is only available for misdemeanor cases, not felonies. As far as felony cases go, Welfare and Institution Code Section 790 operates very similar to Welfare and Institution Code Section 725 in that in felony cases, somebody would admit the petition, and the case would be put over for one year instead of six months.
They would be ordered to do certain things—community service, keep good grades, be cooperative at home, and meet a number of other conditions related to dealing with the probation officer and showing that they're on the right path. After a year, the person could withdraw their plea. The court will dismiss the case and seal and destroy the criminal record.
Informal Probation
Another potential resolution that is even better than both of those is what's called a Welfare and Institution Code 654 resolution. In this scenario, the case is filed in court. Instead of you admitting the petition, which is very similar to a guilty plea, you don't admit the petition. The case is put over for six months. You're ordered to do certain things.
If, at the end of the six months, you've done nothing, haven't picked up any new cases, or get a good report from the probation officer, then the case is dismissed and sealed and destroyed. So, in this scenario, which is better than the last two that I just mentioned, you don't have to plead guilty to anything. You don't have to admit any petition, and basically, if you do everything you're supposed to, you get the best result you can get in a juvenile case, which is the dismissal, and the record is sealed and destroyed.
Home on Probation
Other potential resolutions would include somebody getting home on probation. That would be a scenario where you admit the petition. You're actually convicted of the crime. You're placed home on probation, where you can remain, obviously, in your home. You go to school. The probation department monitors you, and under that scenario, as long as it wasn't a crime that you can't get sealed and destroyed when you turn 18 after you have completed everything, then a motion could be filed with the judge to seal and destroy your record.
Other potential resolutions, such as going to camp or the Youth Authority, should be discussed with your juvenile criminal defense attorney. This underscores the importance of seeking legal advice in all scenarios.
In all these scenarios, having a seasoned criminal defense attorney by your side is crucial. Especially in serious cases in Los Angeles county, where juvenile cases are treated with utmost seriousness, legal representation can empower you to seal and destroy your record, stay out of custody, and move forward positively.
Pick up the phone. Call me. We'll set up an appointment, and I'll help you get through your juvenile criminal matter.
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